The Eastern District of Pennsylvania has promulgated a new policy regarding cameras and personal electronic devices for all of its courthouses. The new policy, which is embodied in a standing order that is available here, goes into effect on June 3, 2019. Because the Byrne Courthouse, where the Third Circuit sits, is covered by this standing order, the policy will affect counsel and parties with matters at the Third Circuit.
The standing order provides that “[a]ll cameras and personal electronic devices shall be subject to inspection upon entry at all designated court security checkpoints.” Those devices must then be turned off in the presence of court security officers and placed in a locked pouch that must remain in the possession of the owner of the device while the owner is in the courthouse. The pouch may not be opened or tampered with, and must be returned to court security officers when one leaves the building, at which time the device will be returned.
Absent and order of the Chief Judge, or the presiding judge in a specific case, this policy will govern everyone, though with certain exceptions. The biggest one is for “[a]ll attorneys with either a valid bar identification card or credentials of the U.S. Department of Justice or the Office of the Federal Public Defender.” Other exceptions are for summoned or seated jurors, court personnel and interns, law enforcement officials on official business, and members of the press. Press representatives must have “valid identification from their news organization,” and their “electronic devices must be turned off (not on silent or vibrate mode) before entering the courtroom.”
For appellate counsel, this makes it important to have a valid bar ID carde or credentials from the Department of Justice or the Federal Public Defender when entering the Byrne Courthouse. Otherwise, counsel will have to manage without their phones for the duration of their visit, a task that becomes harder and harder day by day for many attorneys.